RES 128 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which benefits the County of Hawai`i; and WHEREAS, it is necessary for the County of Hawai`i to acquire the above - described easements in real property, requiring that the County of Hawaii invoke its condemnation powers, to complete the Improvements; and WHEREAS, Section 101 -13 of the Hawai`i Revised Statutes requires that a condemnation action by the County of Hawai`i must be authorized by a resolution of the County Council. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: Providing road access and electric, sewer and other utility services for the Honoka`a Wastewater Treatment Plant, serving the Honoka`a and Haina communities in the District of Hamakua, County and State of Hawai`i, to take, acquire and condemn easements as stated above, for road and electric, sewer and other utility purposes in that certain private property identified as Lot 9A, portions of Royal Patent Grant Number 2051 to Kekahimoku and Royal Patent Grant Number 1968 to Kanalua and Royal Patent Grant Number 1965 to Mokuhia, situated at Namoku and Haina, Hamakua, Hawai`i, containing an area of 28.426 acres, more or less, said easements covering an area of 0.477 acre, and 0.256 acre more or less, as more specifically delineated on the attached maps as Easement "E -1" and Easement "A ". BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the aforesaid easements in private property, for compensation not to exceed the current independently appraised values of $5,984.00 for Easement "E -1" and $2,342 for Easement «A»